Introduction 2. Parties Rights and Responsibilities 2. Friend of the Court Duties 3. Court Procedures 4. Hearings 5.

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2 TABLE OF CONTENTS Introduction 2 Parties Rights and Responsibilities 2 Friend of the Court Duties 3 Court Procedures 4 Hearings 5 Court Orders 5 Alternative Dispute Resolution 7 Information About Custody, Parenting Time, and Support Payments 8 Custody 8 Parenting Time 10 Jackson County Parenting Handbook 11 Parenting Time Guidelines 12 Reasonable Rights of Parenting Time 14 Parenting Time Complaint Process 16 Modi cation of Parenting Time 19 Support 22 Miscellaneous Issues 27 Complaints about Attorneys, Judges, or the Friend of the Court 29 Other Local Human Services Agencies 30 Glossary of Frequently Used Terms 30

3 Introduction This handbook summarizes the duties and procedures of the friend of the court (FOC), provides information about parties rights and responsibilities, and describes some basic court procedures. The family division of the circuit court decides divorce, paternity, custody, and support matters. The FOC is part of the circuit court and is supervised by the chief judge. The FOC assists the court administer on those types of cases. Parties Rights and Responsibilities Each Party Has the Right To: Meet with the FOC employee who is investigating custody or parenting time. Ask the FOC to recommend that an order for support or health insurance be modi ed. See the section entitled, Party s Motion to Modify the Support Order. Expect the FOC of ce to perform its duties under Michigan law and court rules. File a grievance concerning an FOC employee or an FOC of ce procedure. Hire and consult an attorney. If the parties agree and the court approves, decline all FOC assistance ( opt-out ). Each Party Has the Responsibility To: Provide the following information in writing to every FOC of ce that is administering a case involving that party, and provide updates to this information as it changes: o A current residential address. o A single, current mailing address where all notices and papers should be sent. o Current employer s (or other source of income) name, address, and telephone number. o Current telephone number (residential or mobile). o Occupational or driver s licenses held, and license number(s). o Social security number, unless exempt by law from disclosing that number. o Current address of children. o Current information regarding health care coverage that is available to either party as a bene t of employment, or that either party purchases directly from an insurer. Provide other information required by law to help the FOC carry out its duties. Obey all court orders. 2

4 Friend of the Court Duties The Michigan Legislature created the FOC system in At least one FOC of ce serves each circuit court s family division. The FOC performs the following duties: When directed by the judge, the FOC investigates and makes recommendations to the court regarding: o Custody; o Parenting time; o Child support, medical support, and sometimes spousal support. The FOC offers voluntary alternative dispute resolution (ADR) services to help settle disagreements about custody or parenting time. In cooperation with the Michigan State Disbursement Unit (MiSDU), the FOC collects, records, and distributes support payments as ordered by the court. The FOC helps the court enforce orders of custody, parenting time, and support. The FOC informs the parties that they may decline FOC services. The FOC makes available forms that parties may use to le motions and responses regarding custody, parenting time, support, change of domicile, and repayment plans. The FOC informs the parties of the availability of joint custody. The FOC has no authority to: Investigate abuse and neglect. Change court order. Investigate criminal activity. Give legal advice. Together with the Of ce of Child Support (OCS), local FOC of ces administer all aspects of Michigan s child support program. OCS is part of the Michigan Department of Human Services (DHS). OCS administers the child support requirements of the federal Social Security Act, oversees the MiSDU, and oversees Michigan s child support computer system. This handbook describes the general duties of the FOC. Some speci c procedures vary by county. You may discuss any questions regarding local or statewide procedures or requirements with your local FOC of ce or with your attorney. To become familiar with some family law and FOC legal terms, please refer to the glossary at the end of this handbook. Opting Out of All Services Offered by the FOC Parties who agree that they do not need the FOC s services do not have to use them, unless certain circumstances apply. They may le a joint motion to opt-out and, if the court approves it, the parties then must work with each other directly. Before the court approves a motion to opt-out, the parties must le a document that summarizes FOC services and acknowledges that the parties have chosen not to use those services. 3

5 If an opt-out motion is led at the same time as the complaint that starts the case, the court must order the FOC not to open a case le unless one or more of the following are true: A party is eligible for Title IV-D services, because the party receives or has received in the past public assistance. Please see the glossary for de nitions. A party has applied for IV-D services. A party has asked the FOC to open a case le. There is evidence of domestic violence or bargaining inequality, and evidence that the opt-out request is against the best interests of a party or the child. After a court case has been started and the FOC has opened a le for that case, the parties may le an opt-out motion requesting the court to order the FOC to close its le. The court will issue the order unless one or more of the following are true: A party objects to the closure. A party is receiving public assistance. Within the past 12 months, a support arrearage has existed, a custody or parentingtime violation has occurred, or a party has asked the FOC to reopen its case le. There is evidence of domestic violence or bargaining inequality coupled with evidence that the request is against the best interests of a party or the child. Parties who opt-out are responsible for administering and enforcing the court s orders. To assure a proper accounting of support payments and their consideration in future proceedings, the parties may make support payments through the MiSDU even after an FOC case le is closed. If a party applies for public assistance, requests any service from the FOC, or requests that the FOC reopen a case, the FOC must reopen the case le. In such situations, the court may request that a party, or the FOC, prepare a written order to reopen the case. Court Procedures Starting a Case No court can require a party to use an attorney. Anyone, including a party acting without an attorney, who wants to start a court case, must follow Michigan Court Rules and Michigan law. Because domestic relations cases often involve dif cult legal and factual questions, most people will want to be represented by an attorney. Plaintiff s Complaint A case begins when the person requesting the court s assistance (the plaintiff) les a complaint that asks the court to decide a dispute between the plaintiff and the other party (the defendant). In a domestic relations case, the plaintiff may ask the court to do any of the following: Grant a divorce. Order a person to pay child support (including medical support) or spousal support. Establish paternity. Establish custody of a child with one (or both) parties. Establish each party s parenting time with a child. 4

6 Service The plaintiff must arrange for the defendant to be served with a summons and a copy of the complaint. The summons tells the defendant to answer the complaint. Whenever minor children are involved or spousal support is requested, an informational handbook (this handbook or one like it) must also be given to the defendant. Defendant s Answer to the Complaint The defendant is allowed 21 days to answer the complaint. If the defendant does not answer within 21 days, the judge may enter an order granting the plaintiff s requests. Hearings After a complaint and an answer have been led, either party may le a motion asking the court to decide custody, parenting time, and child support issues. The FOC will often conduct an evaluation before the court makes a decision regarding custody, parenting time, or child support. The court usually holds a hearing to get whatever additional information it needs. At the hearing, the parties can tell the court what they should happen. Court Orders When a court makes a decision, it must sign a written order summarizing the decision. Someone must prepare the order; usually, one of the attorneys prepares the order, but sometimes a court employee prepares it. In cases where a party is unrepresented by an attorney (often called in pro per or pro se ), the court may require that a party prepare the order and present it to the court. No matter who prepares the order, it is not enforceable until a judge signs it and the signed order is led with the county clerk. A referee can only recommend an order and prepare it; the recommended order does not become enforceable until a judge signs it. If a party disagrees with an order and wants to challenge it, the party may le a motion for a rehearing (by the judge who issued the order) or le an appeal (to a higher court). A party cannot change an order by ling a grievance or by complaining to other government agencies. Preliminary Order Courts sometimes enter temporary orders that remain in effect only until the parties have an opportunity to present more detailed evidence and arguments at a later hearing. This often happens in divorce cases. Ex Parte Order (temporary orders entered at the request of one party before any formal hearing) An ex parte order is an order that is entered without rst hearing from all the parties. A judge will enter an ex parte order when the judge believes that serious harm will occur if the judge waits to hear from both parties before issuing the order. Ex parte orders usually are intended to keep the situation stable until the judge can hear from both parties. A party who disagrees with an ex parte order may le a written objection to the order or le a motion asking the court to change or cancel the order, but the ex parte order will remain in effect until it is changed by the court. When an ex parte order deals with custody, parenting time, or child support, the order will include a notice that a written objection or a motion to change the order may be led within 14 5

7 days. If a party les an objection, the FOC will try to help the parties settle the dispute without going to court. If the parties cannot agree, the FOC will provide the forms and instructions that a party who is not represented by an attorney will need to schedule a court hearing. Instructions on challenging an ex parte order are available at: Temporary and Final Orders After a court decides a motion challenging an ex parte order, the court will enter a temporary order with instructions that the parties must follow until a nal judgment order (or a modi ed temporary order) is entered. Orders (including judgment orders that deal with custody, parenting time, and child support) can be changed, but only a court can change an order; the FOC does not have the authority to do so. Normally, a court will change an order if both parties have agreed to the change. Otherwise, a court will change an order only after one party (or the FOC) les a motion and the court holds a hearing on the motion. Even if the parties agree to change a previous court order, the court and the FOC cannot follow the new agreement until the judge signs and enters a new order that approves the agreement. Sometimes, the law requires the FOC to ask the court to change an order. (See Parenting Time Enforcement and Modi cation of a Child Support Order later in this handbook). Referee Decisions A referee is not a judge, but performs some tasks on behalf of the judge who is presiding over the case. A referee may hold hearings, examine witnesses, and make recommendations to a judge. A referee s decision is only a recommendation to the judge. A referee s recommendation will become a court order only if neither party les an objection within speci c time limits, or (if a party does object) only after the court holds a hearing and the judge then signs an order approving the referee s recommendation. The court may make the referee s recommended order effective temporarily until either the time to object to the recommended order expires or the judge hears an objection at a de novo, or new, hearing. A party who disagrees with a referee s recommendation may request a de novo hearing before the judge. The objection and a request for a hearing must be in writing and must be led with the circuit court clerk within 21 days after the referee s recommendation is mailed or delivered. Consult an attorney for more information on how to object to a referee s recommendation and how to request a hearing before a judge. Some FOC of ces will provide written instructions that explain how to le an objection. Reconciliations and Dismissals Not every domestic relations case ends with the parties divorced or separated. If the parties are trying to work out their differences and no longer wish to have an order in their case enforced, they may le a motion asking the court not to enforce the order. If the parties wish to stop all further action in a case, they must le a proposed order of dismissal with the court and provide a copy to the FOC. In that situation, when the state of Michigan has provided nancial assistance to the parties children or spouse while the case was pending, the support payer must reimburse any previously ordered child or spousal support to the state of Michigan. This reimbursement amount may be less than the amount of assistance, but it cannot be more. Before the case may be dismissed, the support payer must pay any amounts owed to the court or the county. If those requirements are met, the court will sign an order dismissing the case. 6

8 Enforcing Orders When One Parent Leaves Michigan The obligation to pay child support does not end when a party leaves Michigan. Both parents must tell the FOC whenever they move. The support payer must continue to pay support and the friend of the court must continue to enforce the court order. If a support payer leaves Michigan and stops paying as ordered, there are laws that allow Michigan courts to have their support orders enforced in other states. For example, every state has passed a law that allows a court in another state to withhold the payer s income, enforce the order, set or modify a support order, or assist with nding the payer s assets. For more information, see The Uniform Interstate Family Support Act (UIFSA) (PSA 29) located at: Alternative Dispute Resolution (ADR) Parties involved in a domestic relations case are encouraged to participate in ADR, which may allow them to settle a case without further court proceedings. In addition to parents, ADR may sometimes involve grandparents and other third parties. ADR allows the parties to settle the issues without the court s direct involvement. Parties often nd this rewarding because they make the decisions, instead of the court. The court must still enter an order, but the court order will usually re ect the agreement reached by the parties. The next few sections summarize the kinds of ADR that might be available in domestic relations cases. You should check with your local FOC of ce to nd out what types of ADR services might be available in your area. Friend of the Court Formal Domestic Relations Mediation The FOC offers formal mediation services to help parents resolve custody and parenting-time disputes, which are the only two issues that the FOC is allowed to mediate. FOC mediation is voluntary, meaning that both parties must be willing to participate. If the parties reach an agreement during mediation, the mediator can prepare a written document outlining the agreement. The parties may review this agreement with their attorneys. The agreement can be made part of a court order. Matters discussed during mediation are con dential. An FOC employee who acts as a mediator may not share information about what happened during mediation, except for what is stated in the parties signed agreement. The mediator cannot later, in the same case, enforce an order, investigate an allegation, or serve as a referee regarding any other issues in that case. Court Rule Domestic Relations Mediation The court may refer family matters to nonbinding mediation under the Michigan Court Rules, speci cally MCR This may happen by agreement of the parties, on the motion of one party granted by the judge, or on the court s own initiative. Unlike the FOC mediation summarized above, court rule mediation is not necessarily voluntary and is not limited to custody or parenting-time issues. The court may order mediation for any disputed issue. The parties may agree to have the case mediated by any person who has the quali cations speci ed in the court rule. If the parties cannot agree on a mediator, the court s ADR clerk will assign one from a list of quali ed mediators. The person who performs court rule mediation is entitled to a reasonable fee. The parties usually share that expense equally. If ordered by the court, court rule mediation is mandatory. The parties must attend the mediation sessions. They may be accompanied by their attorneys. Any information shared with the 7

9 mediator is considered con dential. The mediator may not disclose this information to anyone. If the parties reach agreement during mediation, the agreement must be put in writing and be signed by the parties. The parties must then take the necessary steps to have the mediation agreement entered as a court order. If the parties do not reach agreement, the mediator may prepare a report for the parties setting forth the mediator s own recommendations on the issues. If both parties accept the mediator s recommendations, the parties must then take the necessary steps to have the recommendations entered as a court order. If either party rejects the mediator s recommendation in any part, then all issues in the case must go to trial. The judge who conducts the trial will not know what the mediator recommended or which party rejected the mediator s recommendation. Conciliation Conciliation is a process in which an FOC employee assists the parties in reaching agreement about custody and/or parenting-time arrangements. In the absence of agreement, the FOC employee will prepare a recommended custody or parenting-time court order. The court will sign this order and it will be binding. However, either party may le a written objection within 21 days with the county clerk (copy to Friend of the Court). This will result in a court hearing with the court upholding the Conciliator s recommended order or with the court entering a new or modi ed order. Information about the case gathered during conciliation may be used by the court later in other proceedings. Joint Meeting The Friend of the Court Act allows the FOC to use joint meetings to assist parties in resolving custody and parenting-time disputes and support recommendations. Joint meetings are similar to conciliation. Information about Custody, Parenting Time, and Support Payments Custody There are many different kinds of custody arrangements. For any arrangement, the court must decide who will make the major decisions about each child. The court also must decide how much time the child will spend with each parent. Parents are encouraged to reach their own agreements regarding custody. When parents cannot agree, the judge will decide by analyzing the best interests of the child factors listed in the Michigan Child Custody Act. Those factors will be analyzed at a hearing, during which the parents may present evidence and arguments about each factor. At either parent s request, the court must consider ordering joint custody, an arrangement in which both parents participate in making the major decisions that affect their child. If both parents agree to a joint custody arrangement, the court must order it unless the court determines that joint custody is not in the best interests of the child. The court must state its reasons for granting or denying the request for joint custody. The court may also consider ordering joint custody even if neither parent has requested it. A judge who is considering ordering joint custody must consider both the best interests factors and also whether the parents will be able to cooperate and usually agree on important decisions affecting their child s welfare. If the court determines that a child s interests are not adequately represented in the custody proceedings, the court may appoint a lawyer guardian ad litem to represent the child. The court may require the parties to pay the lawyer guardian ad litem s fees. For more information about child custody issues, see Michigan Custody Guidelines at: 8

10 Custody Questions and Answers Can a custody order be changed if both parents agree? Both parents may sign an agreement and present an order to the court. If the judge approves and signs the order, it will then become the new custody order. It is not a change until approved by the judge. It is not a change until approved by the judge. Do I need an attorney to le a motion to change custody? No. You may le the motion on your own, and the FOC will provide the forms and instructions that you will need. The court will expect you to follow the same rules that an attorney must follow. There are many complex issues in a custody case and most people prefer to have an attorney represent them. The FOC cannot le a motion for you, nor can that of ce provide you with an attorney or tell you what to write in the motion. If a motion for custody has been led, and the parents cannot reach an agreement on their own, what will the friend of the court do? The FOC must: Offer ADR services to the parties, depending on which types of services are available in that FOC of ce. Jackson County has mediation service in our of ce or it may contract this out to another agency at its discretion. If there has been a change in circumstances and the judge directs, investigate the custody issues and le a written report and recommendation based upon the best interests of the child factors listed in the Michigan Child Custody Act. Parties should work to resolve their issues before ling a motion. Michigan statute permits either parent to ask the court for a custody investigation on their own. Local policy dictates the costs of this option. May I receive a copy of the FOC s custody report and recommendation? Yes. Upon request, and before the court acts on the recommendation, the FOC must give each party or that party s attorney a copy of the report, including the custody recommendation and a summary of the information used in making the recommendation. Is there a cost for the custody investigation? There could be a cost to the parties if the parties request the investigation. What happens if I have custody according to the court s order, but the other parent does not return the child to me as required by the order? You may contact the FOC of ce and request that it initiate enforcement. You may le a motion, with or without an attorney, and ask the court to enforce the order. If you believe the other parent will refuse to return the child, you may contact the police or the prosecuting attorney and ask either to le a parental kidnapping charge. How do I enforce the custody order if the other parent takes our child to another country? When a child who is a United States citizen is illegally kept outside of this country, the United States State Department s Of ce of Children s Issues will work with the local U.S. embassy and the other country s government to assist the child and the lawful custodial parent. However, because child custody disputes are private legal disputes between the two parents, the State Department has no jurisdiction to force the other parent to obey a court order. If the parents 9

11 cannot reach an agreement, this kind of child custody dispute often must be resolved by judicial proceedings in the country where the child and the other parent are living. The State Department will help the lawful custodial parent le the appropriate documents with the foreign authorities. It also will monitor and report on the foreign judicial or administrative proceedings. A parent may contact the Of ce of Children s Issues at the United States Department of State, in writing, at the following address: Department of State, Of ce of Children s Issues, SA-29, 2201 C Street, NW; U.S. Department of State, Washington, DC The Of ce of Children s Issues can be reached by phone at , by fax , or at the state department s website for foreign travel at family_1732.html Is the FOC allowed to investigate child abuse or neglect? The FOC does not have authority to investigate abuse or neglect. Abuse or neglect should be reported to the Child Protective Services (CPS) division of the Department of Human Services (DHS) in the county where the children live. A judge may consider allegations of abuse or neglect when making a decision regarding custody or parenting time. A party should inform the FOC of any concerns about abuse or neglect if the FOC is doing a custody or parenting-time investigation. Both the judge and the FOC will rely on Child Protective Services to investigate and evaluate the abuse or neglect allegations. May my child enroll in my local school, even though the child lives in another school district with the other parent most of the time? When the parents live in different school districts, Michigan law allows a child to attend a school in either district, regardless of which parent has custody. Parenting-Time A parenting-time order speci es when a child will spend time with each parent. A parent is responsible for all routine decisions that affect the child during his or her parenting time. The Michigan Child Custody Act states: Parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship between the child and the parent granted parenting time. If the parents of a child agree on parenting time terms, the court shall order the parenting time terms... [unless it is shown] that the parenting time terms are not in the best interests of the child. A child has a right to parenting time with a parent unless it is shown on the record by clear and convincing evidence that it would endanger the child s physical, mental, or emotional health. [MCL a(1)-(3).] The statute also lists factors that the judge may consider when determining the frequency, duration, and type of parenting time. (MCL a[6].) 10

12 Jackson County Parenting Time Parenting time is the right of a child to spend speci ed time with each parent. In some cases, parenting time may also be granted to people other than parents. The purpose of this handbook is to ensure that parenting time will be conducted with the best interests of the child. Regular and Consistent Parenting Time Cannot be Stressed Enough. Some court orders provide for Reasonable Rights of Parenting Time. This allows the parents the exibility of working out schedules as they might agree. However, if there is disagreement by the parents as to the actual intent of Reasonable Rights of Parenting Time, then the parents need to refer to the minimum de nition of this schedule as provided by the Friend of the Court (FOC) of ce (see Reasonable Rights section in this Handbook). Some court orders provide for very speci c parenting time schedules. A xed schedule will not afford the parties exibility. This type of parenting time schedule may be the best arrangement for the minor child. Parenting time is typically designated in court orders after all aspects of a case have been reviewed. Consideration is given to the age, maturity and needs of the child, length of time between parenting times, relationship between the child and the parent, physical distance between the parties, and any other relevant issues. Consistent, regular parenting time is highly encouraged whenever possible. Each parent will undoubtedly have schedule con icts at some point in time; therefore, it is important to work with each other as soon as a con ict occurs. Always work together toward the emotional well-being, health, happiness, and safety of your child. To do otherwise could potentially have negative effect on your child s emotional development and health. Communication, cooperation, and mutual respect are essential for parents to make a parenting time schedule work and to avoid con ict and frustration. Parenting time should be a happy time for parents and the child. Parenting time should be scheduled at times and places convenient and agreed to by both parties, or as outlined in the court order. Children should be ready, both physically and emotionally, at the appointed times. Parents should be on time to commence the parenting time schedule. However, it is very important that parents work with each other around requested adjustments to parenting time schedules. Telephone contact should be made with the other parent the moment a schedule con ict has arisen. A Parent should never leave a child waiting for a scheduled parenting time. Parents are encouraged to maintain access between the children and grandparents as often as is reasonable. Although there are usually no provisions for this contact in your court orders, it is bene cial for children to maintain such contact with the family. Sometimes our grandpas and grandmas are like grand-angels..lexie Saige 11

13 Parenting Time Guidelines The following guidelines apply to all parents involved in parenting time schedules; Transportation A. Parents, or anyone transporting the child, should never arrive for scheduled parenting time under the in uence of drugs or alcohol. This requirement is for your safety and for the safety of your child. If a parent appears to be under the in uence at the time of the parenting time pick-up, parenting time may be denied by the other parent. If you do not have an valid driver s license, someone else must do the driving. Both parents need to understand that there are circumstances that might require someone else to pick up your child for parenting time. This person should be someone known by your child. Your child needs to be transported in a car seat if appropriate for his or her age and weight. It is the responsibility of each parent to have an appropriate car seat for the transportation of your child. Both parents are responsible for transporting the child to and from parenting time. However, if parties are unable to agree as to the transportation arrangements for the child, the noncustodial parent will be responsible for the transportation of the child. During parenting time exchanges, the parties may elect to remain in his or her homes and/or vehicles in order to avoid any altercations occurring between them in front of the minor child. Travel Plans B. A general itinerary and emergency telephone number should be provided to the other parent if an out-of-town vacation is scheduled. Clothing C. Before the child leaves for scheduled parenting time, please make certain that appropriate clothing is provided for the entire period. This may include winter coats, mittens, hats raincoats, etc, depending on the weather. Both parents are encouraged to maintain some clothing of their own for the child. Remember to return all clothing, medications, especially prescription medications, that are sent with the child. Medications D. Make certain your child is given all medications at the appropriate times. If your child is ill, make certain that medications are provided, along with a written statement as to what medication is to be taken, in what quantities, and at what schedule. Do not rely on the child to remember information regarding his or her medication. If other restrictions have been given by the child s doctor, those should also be passed on to the other parent at the time of the child s transfer. Consequently, if a child becomes ill during a scheduled parenting time, make certain the other parent is informed of the illness, and what medical actions may have been taken. Child Support and Parenting Time E. Neither parent has the right to stop paying child support because parenting time is being denied, nor to stop parenting time because child support is not being paid. These are two distinctly different issues, and are not linked together in any way. If you have problems with child support or parenting time, contact the Friend of the Court for assistance. Never 12

14 take actions against the other parent that violates your Court order or negatively impacts your child. Child Support And Parenting Time Are Not Dependent Upon Each Other. Discipline F. Both parents need to work together regarding decisions surrounding discipline. It is not uncommon for a child to play one parent against the other when discipline is being assigned. Communication is imperative in order to ensure neither parent is being manipulated or undermined. Children as Messengers G. Parents should not use a child as a source of information. This can be emotionally upsetting to the child, and can create major problems between the parents. Children may learn to play one parent against the other, which then causes the parents to face periods of great con ict. Communication directly between the parents can often overcome these types of problems and stop unfavorable behavior on the part of the child. Arguments H. Parents should never have confrontations or arguments in front of the child. Utilizing the help of a neutral party to assist with exchanges, remaining in the car during the exchange, or nding a neutral location to conduct the exchange may be appropriate alternatives if necessary. It is important to keep your child out of the middle of any potential custody or parenting time disputes. These are adult issues and should never be discussed with your child. Children should never be threatened with loss of time with the other parent under any circumstances. Never discuss your perceived shortcomings of the other parent in front of your child. It is the responsibility of the parents to put individual differences aside to see to it that parenting time is encouraged. Abuse and Neglect I. Allegations of abuse, neglect, alcohol and drug involvement, or anything else of a detrimental nature to your child should be immediately reported to the Department of Human Services Children s Protective Services (CPS) or to your local police. The FOC is not authorized to investigate abuse and neglect issues. Child Protective Services: Using a Babysitter J. Spending time with your child is bene cial to both you and your child. Although there may be times it is necessary to utilize babysitters, family members, or friends for child care, parents are encouraged to schedule personal activities outside of the times that they will be with their child. Strive to make the most of your time with your child. 13

15 Infants and Toddlers K. Parenting time for infants and toddlers should consider the developmental needs of the child and the child/parent relationships. Initial parenting time may generally be more frequent but of shorter duration than that of an older child. Parenting time may need to be gradually increased as the child matures. Modi cation of Your Parenting Time Order L. Either parent may petition the Court to establish and/or modify a parenting time schedule at any time. For more information regarding modifying your order, please see Modi cation of Your Order. Reasonable Rights of Parenting Time Reasonable Rights of Parenting Time is de ned by the Jackson County Friend of the Court as follows: *Special Note: Your parenting time order should re ect the needs of your child. This parenting time schedule may not t the needs of some infants, toddlers, or children with special needs. If you feel that this schedule is not appropriate for your child, you may wish to seek a modi cation of your order. Every other weekend, from Friday night at 6:00 p.m. until Sunday night at 6:00 p.m. Midweek parenting time from immediately after work and/or school until 8:00 p.m., each and every week, except those weeks that are designated to the other parent. Every other spring break, with the mother having odd numbered years, and the father having even numbered years. This parenting time shall commence at 6:00 p.m. on the last day of school, and end at 6:00 p.m. on the day prior to the child s commencement of school, following spring vacation. Christmas / Holiday Break: The parents shall share the minor child s Christmas school break equally with the parent who has Christmas day having the rst half of the break. The Christmas break shall be considered to begin at 6:00 p.m. on the evening school is dismissed and end at 6:00 p.m. the evening before school is to resume. The transfer of custody shall occur at 6:00 p.m. on the midpoint day of the break, excluding the holiday days. All holiday, spring break, and Christmas break parenting time shall take precedence over the regular weekly parenting time schedule. 14

16 Every Other Holiday to include: Mother (Even Numbered Years) New Year s Day Memorial Day Labor Day Halloween Christmas Eve Mother (Odd Numbered Years) Easter Fourth of July Thanksgiving Christmas Day Child s Birthday Father (Even Numbered Years) Easter Fourth of July Thanksgiving Christmas Day Child s Birthday Father (Odd Numbered Years) New Year s Day Memorial Day Labor Day Halloween Christmas Eve All holidays shall be from 9:00 a.m. until 8:00 p.m., except for Halloween and the child s birthday, which shall be 9:00 a.m. until 9:00 p.m., when Halloween or the child s birthday falls on a weekend day, (Saturday or Sunday) or during summer vacation. When Halloween or the child s birthday is on a weekday (Monday Friday), the parent will have the child from immediately after work and/or school, until 8:00 p.m. The Thanksgiving Holiday will always be a four-day weekend from Thursday through Sunday. Parenting time shall commence Thursday at 9:00 a.m. and conclude on Sunday at 6:00 p.m. Mother s Day shall be afforded to the mother, each and every year, between the hours of 9:00 a.m. and 8:00 p.m. Father s Day shall be afforded to the father, each and every year, between the hours of 9:00 a.m. and 8:00 p.m. Whichever parent is to have the child(ren) for the holidays of Memorial Day and Labor Day, will also have the entire preceeding weekend from Friday evening through the Monday holiday. The exchange times will be as normally exchanged on Friday and normally returned at the end of a holiday. Summer Parenting Time The non-custodial parent shall be afforded four weeks of summer vacation, to be taken in one or two week increments, with a minimum of one full week in between these increments. The custodial parent shall be afforded two weeks of summer vacation, to be taken in one or two week increments. Any other times that might be mutually agreeable between the parties. 15

17 One week consists of 7 days, which includes that parent s regularly scheduled weekend. All summer parenting time takes precedence over regularly scheduled parenting time. Resumption of the alternating weekends and mid-week visits begins at the end of summer vacation increments. Noti cation by the non-custodial parent as to which weeks of summer parenting times have been chosen by him or her must be submitted in writing to the custodial parent and the Friend of the Court by April 15 th, of the calendar year during which the parenting times will be conducted. Noti cation by the custodial parent as to which weeks of summer parenting times have been chosen by him or her must be made in writing to the non-custodial parent and the Friend of the Court between April 16 th and by May 1 st, of the calendar year during which the parenting times will be conducted. The custodial parent will be required to choose summer parenting time dates that do not con ict with the dates provided by the non-custodial parent. Failure to provide noti cation during your required time frame does not result in forfeiture of parenting time. However, the custodial parent s selected dates, if submitted by May 1st, will take precedence over any dates selected after April 16 th by the non-custodial parent. Parenting Time Complaint Process The Family Court strongly believes that it is important for a child to have a good relationship with both parents. Denial of parenting time can be detrimental not only to the parent denied the parenting time, but to the child as well. Parenting time is every child s right. The parenting time complaint process outlines the steps parents must take if they wish to have their parenting time complaints enforced by the Friend of the Court. The following conditions must exist to le a valid parenting time complaint: 1. Your complaint must be enforceable by the Friend of the Court. There are certain provisions that are not enforceable by the Friend of the Court. Please refer to Enforceable vs. Non-Enforceable Provisions of Parenting Time. 2. You must exercise parenting time as speci ed in the parenting time provision of your court order. Agreements made outside of what is speci ed in the court order are not enforceable by the Friend of the Court. 3. You must make a physical attempt to pick up your child for your court ordered parenting time. If these conditions exist, and you wish to pursue enforcement of your parenting time order, you must give written notice of the alleged denial of parenting time to the Friend of the Court within 56 days of the alleged denial. You can submit this notice via the Parenting Time Complaint Form provided by the Friend of the Court Of ce. The Friend of the Court will review your complaint. If found to be a valid denial of parenting time, the Friend of the Court may apply make-up parenting time pursuant to the Make Up Parenting Time Policy. Should the complaint be found invalid, you will be noti ed by the Friend of the Court. If make-up parenting time is not appropriate, the Friend of the Court may require the parties to meet with a mediator to allow parties an opportunity to meet with a neutral third party in an attempt to resolve the issues surrounding the parenting time complaint. Mediation may not be appropriate if there is a current personal protection order or a history of domestic violence. 16

18 In certain cases, the Friend of the Court may schedule a Parenting Time Order to Show Cause proceeding against the parent who has been accused of denying the court ordered parenting time. At the hearing, if the Court nds that either parent has violated the parenting time order, the Court may nd that parent in contempt, and may order one or more of the following: 1. Require additional terms and conditions consistent with the court s order for parenting time. 2. Modify the parenting time order in keeping with the best interests of the child. 3. Order make up parenting time for the parent who was wrongfully denied his or her scheduled parenting time. 4. Order the parent found in contempt to pay a ne of not more than $ Commit the parent found in contempt to a term in the county jail. A commitment under subsection (5) or (6) shall not exceed 45 days for the rst nding of contempt, or 90 days for any subsequent nding of contempt. 6. Modify the custody provisions of the court order. Common Reasons Complaints Are Denied 1. No court order exists that allows for parenting time. A party cannot le a complaint with the Friend of the Court unless the court has granted him or her parenting time rights with the child. 2. The complaint is not led in a timely manner. If the alleged parenting time order violation occurred more than 56 days before the complaint is submitted, enforcement action will not be taken by the Friend of the Court. The party can, however, le a motion on his or her own or through an attorney. 3. The party exercising parenting time did not make a physical attempt to pick up the child. 4. The complaint is an issue that is not enforceable by the Friend of the Court. Common Reasons for Denials of Parenting Time The following represent examples of times that denial of parenting time MAY BE considered valid: 1. The parent arrives to pick up the child for parenting time and has been drinking excessively, or is under the in uence of drugs. 2. The parent arrives to pick up the child for parenting time more than one half hour (30 minutes) late from the speci ed time, or one hour (60 minutes) late during the winter months (November, December, January, February, March) in those cases where the parent receiving parenting time must travel more than 30 miles to pick up the child. In those cases where the parent with parenting time must travel more than 100 miles, he or she shall be afforded the opportunity of being up to one hour late, regardless of the time of year. The following represent examples of times that denial of parenting time MAY NOT BE considered valid 1. The child is sick. The only time illness is valid for a denial of parenting time is when a medical doctor has indicated that the child is restricted to bed rest only. In all other cases of illness, the prescribed medications are to be provided to the parent who will be having parenting time with the child, along with appropriate instructions from the doctor. 17

19 2. The child had to go somewhere else. 3. The child was not home. 4. The child did not want to go. 5. The custodial parent did not want the child to go. 6. The weather is bad. 7. The child did not have appropriate clothing. 8. The child had other things to do. Make Up Parenting Time Policy In the event of a valid denial of parenting time, the Friend of the Court may issue make up parenting time. The Friend of the Court shall send a notice to both parties, by ordinary mail, to each parent s last known address, advising them that the policy may be applied in their case. Make-up parenting time shall be the same type and duration as the parenting time that was denied, including but not limited to, weekend parenting time for weekend parenting time, holiday parenting time for holiday parenting time, and weekday parenting time for weekday parenting time. Make-up parenting time shall be taken within one (1) year after the parenting time was denied. The time of the make-up parenting time shall be chosen by the parent whose parenting time was denied. If a denial of parenting time is alleged, and the Friend of the Court applies makeup parenting time, the following steps will occur: The Friend of the Court will give to the parent who is alleged to have denied the parenting time a notice regarding the complaint of denied parenting time. The notice will contain the following statement: FAILURE TO RESPOND TO THE FRIEND OF THE COURT WITHIN 7 DAYS SHALL BE CONSIDERED AN AGREEMENT THAT PARENTING TIME WAS WRONGFULLY DENIED, AND THE FRIEND OF THE COURT WILL TAKE OTHER ENFORCEMENT ACTION. If the parent who is alleged to have denied parenting time fails to respond to the notice, make up parenting time will be applied. The wrongfully-denied parent shall notify both the Friend of the Court and the other parent in writing no less than one week before making use of make up parenting time or no less than 28 days before making use of make up holiday or summer parenting time. If the parent who is alleged to have denied parenting time makes a timely reply contesting the allegation of parenting time denial, both parties may be required to appear at the Friend of the Court for mediation regarding parenting time issues with designated Friend of the Court personnel or a designated agency. Your case may not be appropriate for mediation if you have an active personal protection order against the other party, or a history of domestic violence exists. Should mediation not resolve the parenting time dispute, or your case is not appropriate for mediation, a hearing or contempt show cause action may be scheduled before the Court, with appropriate notice being sent to both parties. 18

20 Modi cation of a Parenting Time Order Parenting time orders should accurately re ect the parenting time arrangement between the parties. Either party can take action to request a modi cation of the parenting time provisions, should the need arise. Below are three ways a parenting time order can be modi ed. Agreement Between the Parents If you and the other parent agree that a change in your parenting time order is necessary, and already have outlined the changes you wish to make, the Friend of the Court offers services to allow you the opportunity to meet and develop a new parenting time order. Mediation If you and the other party agree that changes need to be made to your parenting time order but have not come to an agreement on the changes, or would like an opportunity to meet with a neutral third party to discuss ongoing issues regarding your parenting time, parties can request mediation. Mediation is an opportunity for you and the other parent to meet with a neutral third party in an effort to resolve con icts regarding parenting time. Mediation is con dential as outlined by court law. If parties are able to reach an agreement, the mediator will prepare an order based on the agreement which can be submitted to the court.parties are unable to reach an agreement, no change will be made to your court order. Filing a Motion If you and the other parent are not in agreement to a change in your parenting time order, either party may le a motion with the Court to request a change in parenting time. can be done through the services of an attorney, or by ling a motion on your own with the court. Motion to Change Parenting Time is available at the Friend of the Court of ce or online at: Non-Enforceable Provisions of Parenting Time While the Friend of the Court does not enforce these issues, parties have the right to le a motion with the Court if they wish to have the Court address these issues. Motions can be led through an attorney or in pro per (party les motion on his or her own). If a party wants to le an in pro per motion, forms are available at the Friend of the Court of ce or online at: The following are parenting time complaints the Friend of the Court does NOT enforce; 1. Abuse or Neglect (Call Children s Protective Services to report). 2. Complaint alleging parenting time denial for incident that occurred 56 or more days ago. 3. Complaint where the non-custodial parent did not make physical attempt to pick up children. 4. Drinking, smoking, or drug usage, but no court order exists that establishes past history and prohibits future usage. 5. Horror lms and/or R-rated movies. 6. Order with no parenting time schedule. 7. Order with exible/non-speci c parenting time schedule. 8. Parental kidnappings (Kidnappings should be reported to the police). 9. Personal protection order violations. 19